A.M. No.

02-8-13-SC (c) represents to the notary public that the signature

2004 Rules on Notarial Practice on the instrument or document was voluntarily affixed
by him for the purposes stated in the instrument or
Republic of the Philippines document, declares that he has executed the
Supreme Court instrument or document as his free and voluntary act
Manila and deed, and, if he acts in a particular
representative capacity, that he has the authority to
EN BANC sign in that capacity.
SEC. 2. Affirmation or Oath. - The term “Affirmation”
A.M. No. 02-8-13-SC or “Oath” refers to an act in which an individual on a
2004 Rules on Notarial Practice single occasion: chan robles virtual law library
(a) appears in person before the notary public; chan
robles virtual law library
RESOLUTION (b) is personally known to the notary public or
Acting on the compliance dated 05 July 2004 and on identified by the notary public through competent
the proposed Rules on Notarial Practice of 2004 evidence of identity as defined by these Rules;
submitted by the Sub-Committee for the Study, and chan robles virtual law library
Drafting and Formulation of the Rules Governing the (c) avows under penalty of law to the whole truth of
Appointment of Notaries Public and the Performance the contents of the instrument or document.
and Exercise of Their Official Functions, of the SEC. 3. Commission. - “Commission” refers to the
Committees on Revision of the Rules of Court and on grant of authority to perform notarial acts and to the
Legal Education and Bar Matters, the Court Resolved written evidence of the authority.
to APPROVE the proposed Rules on Notarial Practice SEC. 4. Copy Certification. - “Copy Certification”
of 2004, with modifications, refers to a notarial act in which a notary
thus:chanroblesvirtuallawlibrary public:chanroblesvirtuallawlibrary
2004 RULES ON NOTARIAL PRACTICE (a) is presented with an instrument or document that
RULE I is neither a vital record, a public record, nor publicly
IMPLEMENTATION recordable;
SECTION 1. Title. - These Rules shall be known as the (b) copies or supervises the copying of the
2004 Rules on Notarial Practice. instrument or document;
SEC. 2. Purposes. - These Rules shall be applied and (c) compares the instrument or document with the
construed to advance the following copy; and
purposes:chanroblesvirtuallawlibrary (d) determines that the copy is accurate and
(a) to promote, serve, and protect public complete.
interest; chan robles virtual law library SEC. 5. Notarial Register. - “Notarial Register” refers
(b) to simplify, clarify, and modernize the rules to a permanently bound book with numbered pages
governing notaries public; and containing a chronological record of notarial acts
(c) to foster ethical conduct among notaries performed by a notary public. chan robles virtual law
public. chan robles virtual law library library
SEC. 3. Interpretation. - Unless the context of these SEC. 6. Jurat. - “Jurat” refers to an act in which an
Rules otherwise indicates, words in the singular individual on a single
include the plural, and words in the plural include the occasion:chanroblesvirtuallawlibrary
singular. (a) appears in person before the notary public and
RULE II presents an instrument or document;
DEFINITIONS (b) is personally known to the notary public or
SECTION 1. Acknowledgment. - “Acknowledgment” identified by the notary public through competent
refers to an act in which an individual on a single evidence of identity as defined by these Rules; chan
occasion:chanroblesvirtuallawlibrary robles virtual law library
(a) appears in person before the notary public and (c) signs the instrument or document in the presence
presents an integrally complete instrument or of the notary; and
document; (d) takes an oath or affirmation before the notary
chan robles virtual law library public as to such instrument or document.
(b) is attested to be personally known to the notary SEC. 7. Notarial Act and Notarization. - “Notarial Act”
public or identified by the notary public through and “Notarization” refer to any act that a notary
competent evidence of identity as defined by these public is empowered to perform under these Rules.
Rules; and - SEC. 8. Notarial Certificate. - “Notarial Certificate”
chan robles virtual law library refers to the part of, or attachment to, a notarized
instrument or document that is completed by the to the Executive Judge of the Regional Trial Court of a
notary public, bears the notary's signature and seal, city or province who issues a notarial
and states the facts attested to by the notary public commission.cralaw
in a particular notarization as provided for by these SEC. 19. Vendor. - “Vendor” under these Rules refers
Rules.chan robles virtual law library to a seller of a notarial seal and shall include a
SEC. 9. Notary Public and Notary. - “Notary Public” wholesaler or retailer. chan robles virtual law library
and “Notary” refer to any person commissioned to SEC. 20. Manufacturer. - “Manufacturer” under these
perform official acts under these Rules.cralaw Rules refers to one who produces a notarial seal and
SEC. 10. Principal. - “Principal” refers to a person shall include an engraver and seal maker. chan robles
appearing before the notary public whose act is the virtual law library
subject of notarization. chan robles virtual law library RULE III
SEC. 11. Regular Place of Work or Business. - The COMMISSIONING OF NOTARY PUBLIC
term “regular place of work or business” refers to a SECTION 1. Qualifications. - A notarial commission
stationary office in the city or province wherein the may be issued by an Executive Judge to any qualified
notary public renders legal and notarial services. chan person who submits a petition in accordance with
robles virtual law library these Rules. chan robles virtual law library
SEC. 12. Competent Evidence of Identity. - The To be eligible for commissioning as notary public, the
phrase “competent evidence of identity” refers to the petitioner:chanroblesvirtuallawlibrary
identification of an individual based (1) must be a citizen of the Philippines; chan robles
on:chanroblesvirtuallawlibrary virtual law library
(a) at least one current identification document (2) must be over twenty-one (21) years of age; chan
issued by an official agency bearing the photograph robles virtual law library
and signature of the individual; or chan robles virtual (3) must be a resident in the Philippines for at least
law library one (1) year and maintains a regular place of work or
(b) the oath or affirmation of one credible witness business in the city or province where the commission
not privy to the instrument, document or transaction is to be issued; chan robles virtual law library
who is personally known to the notary public and who (4) must be a member of the Philippine Bar in good
personally knows the individual, or of two credible standing with clearances from the Office of the Bar
witnesses neither of whom is privy to the instrument, Confidant of the Supreme Court and the Integrated
document or transaction who each personally knows Bar of the Philippines; and
the individual and shows to the notary public (5) must not have been convicted in the first
documentary identification. instance of any crime involving moral turpitude.
SEC. 13. Official Seal or Seal. - “Official seal” or SEC. 2. Form of the Petition and Supporting
“Seal” refers to a device for affixing a mark, image or Documents. - Every petition for a notarial commission
impression on all papers officially signed by the shall be in writing, verified, and shall include the
notary public conforming the requisites prescribed by following:chanroblesvirtuallawlibrary
these Rules. (a) a statement containing the petitioner's personal
SEC. 14. Signature Witnessing. - The term “signature qualifications, including the petitioner's date of birth,
witnessing” refers to a notarial act in which an residence, telephone number, professional tax
individual on a single occasion: chan robles virtual law receipt, roll of attorney's number and IBP
library membership number;
(a) appears in person before the notary public and
presents an instrument or document; (b) certification of good moral character of the
(b) is personally known to the notary public or petitioner by at least two (2) executive officers of the
identified by the notary public through competent local chapter of the Integrated Bar of the Philippines
evidence of identity as defined by these Rules; where he is applying for commission;
and chan robles virtual law library
(c) signs the instrument or document in the presence (c) proof of payment for the filing of the petition as
of the notary public. required by these Rules; and
SEC. 15. Court. - “Court” refers to the Supreme Court
of the Philippines. (d) three (3) passport-size color photographs with
SEC. 16. Petitioner. - “Petitioner” refers to a person light background taken within thirty (30) days of the
who applies for a notarial commission.cralaw application. The photograph should not be retouched.
SEC. 17. Office of the Court Administrator. - “Office of The petitioner shall sign his name at the bottom part
the Court Administrator” refers to the Office of the of the photographs.
Court Administrator of the Supreme Court.cralaw SEC. 3. Application Fee. - Every petitioner for a
SEC. 18. Executive Judge. - “Executive Judge” refers notarial commission shall pay the application fee as
prescribed in the Rules of Court. chan robles virtual thirty-first day of December (year) chan robles
law library virtual law library
SEC. 4. Summary Hearing on the Petition. - The ________________________
Executive Judge shall conduct a summary hearing on Executive Judge
the petition and shall grant the same SEC. 8. Period Of Validity of Certificate of
if:chanroblesvirtuallawlibrary Authorization to Purchase a Notarial Seal. - The
(a) the petition is sufficient in form and substance; Certificate of Authorization to Purchase a Notarial
(b) the petitioner proves the allegations contained in Seal shall be valid for a period of three (3) months
the petition; and from date of issue, unless extended by the Executive
(c) the petitioner establishes to the satisfaction of Judge.
the Executive Judge that he has read and fully A mark, image or impression of the seal that may be
understood these Rules. purchased by the notary public pursuant to the
The Executive Judge shall forthwith issue a Certificate shall be presented to the Executive Judge
commission and a Certificate of Authorization to for approval prior to use.cralaw
Purchase a Notarial Seal in favor of the SEC. 9. Form of Certificate of Authorization to
petitioner. chan robles virtual law library Purchase a Notarial Seal. - The Certificate of
SEC. 5. Notice of Summary Hearing. - Authorization to Purchase a Notarial Seal shall
(a) The notice of summary hearing shall be published substantially be in the following
in a newspaper of general circulation in the city or form:chanroblesvirtuallawlibrary
province where the hearing shall be conducted and
posted in a conspicuous place in the offices of the REPUBLIC OF THE PHILIPPINES
Executive Judge and of the Clerk of Court. The cost of REGIONAL TRIAL COURT
the publication shall be borne by the petitioner. The OF_____________ chan robles virtual law library
notice may include more than one petitioner. CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL chan robles
(b) The notice shall be substantially in the following virtual law library
form:chanroblesvirtuallawlibrary This is to authorize (name of notary public) of
NOTICE OF HEARING (city or province) who was commissioned by the
Notice is hereby given that a summary hearing undersigned as a notary public, within and for
on the petition for notarial commission of (name the said jurisdiction, for a term ending, the
of petitioner) shall be held on (date) at (place) thirty-first of December (year) to purchase a
at (time). Any person who has any cause or notarial seal.chanrobles virtual law library chan
reason to object to the grant of the petition may robles virtual law library
file a verified written opposition thereto, Issued this (day) of (month) (year).
received by the undersigned before the date of ________________________
the summary hearing.chanrobles virtual law Executive Judge
library chan robles virtual law library
_____________________ SEC. 10. Official Seal of Notary Public. - Every person
Executive Judge commissioned as notary public shall have only one
SEC. 6. Opposition to Petition. - Any person who has official seal of office in accordance with these Rules.
any cause or reason to object to the grant of the SEC. 11. Jurisdiction and Term. - A person
petition may file a verified written opposition thereto. commissioned as notary public may perform notarial
The opposition must be received by the Executive acts in any place within the territorial jurisdiction of
Judge before the date of the summary hearing. chan the commissioning court for a period of two (2) years
robles virtual law library commencing the first day of January of the year in
SEC. 7. Form of Notarial Commission. - The which the commissioning is made, unless earlier
commissioning of a notary public shall be in a formal revoked or the notary public has resigned under these
order signed by the Executive Judge substantially in Rules and the Rules of Court. chan robles virtual law
the following form:chanroblesvirtuallawlibrary library
REPUBLIC OF THE PHILIPPINES SEC. 12. Register of Notaries Public. - The Executive
REGIONAL TRIAL COURT OF ______________ Judge shall keep and maintain a Register of Notaries
This is to certify that (name of notary public) of Public in his jurisdiction which shall contain, among
(regular place of work or business) in (city or others, the dates of issuance or revocation or
province) was on this (date) day of (month) two suspension of notarial commissions, and the
thousand and (year) commissioned by the resignation or death of notaries public. The Executive
undersigned as a notary public, within and for Judge shall furnish the Office of the Court
the said jurisdiction, for a term ending the Administrator information and data recorded in the
register of notaries public. The Office of the Court mark on an instrument or document
Administrator shall keep a permanent, complete and if:chanroblesvirtuallawlibrary
updated database of such records. chan robles virtual (1) the notary public is directed by the person unable
law library to sign or make a mark to sign on his behalf;
SEC. 13. Renewal of Commission. - A notary public (2) the signature of the notary public is affixed in the
may file a written application with the Executive presence of two disinterested and unaffected
Judge for the renewal of his commission within forty- witnesses to the instrument or document;
five (45) days before the expiration thereof. A mark, (3) both witnesses sign their own names ;
image or impression of the seal of the notary public (4) the notary public writes below his signature:
shall be attached to the application.cralaw “Signature affixed by notary in presence of (names
Failure to file said application will result in the and addresses of person and two [2] witnesses)”;
deletion of the name of the notary public in the and
register of notaries public.cralaw (5) the notary public notarizes his signature by
The notary public thus removed from the Register of acknowledgment or jurat.
Notaries Public may only be reinstated therein after SEC. 2. Prohibitions. - (a) A notary public shall not
he is issued a new commission in accordance with perform a notarial act outside his regular place of
these Rules. chan robles virtual law library work or business; provided, however, that on certain
SEC. 14. Action on Application for Renewal of exceptional occasions or situations, a notarial act may
Commission. - The Executive Judge shall, upon be performed at the request of the parties in the
payment of the application fee mentioned in Section 3 following sites located within his territorial
above of this Rule, act on an application for the jurisdiction: chan robles virtual law library
renewal of a commission within thirty (30) days from (1) public offices, convention halls, and similar places
receipt thereof. If the application is denied, the where oaths of office may be administered;
Executive Judge shall state the reasons (2) public function areas in hotels and similar places
therefor.cralaw for the signing of instruments or documents requiring
RULE IV notarization;
POWERS AND LIMITATIONS OF NOTARIES (3) hospitals and other medical institutions where a
PUBLIC party to an instrument or document is confined for
SECTION 1. Powers. - (a) A notary public is treatment; and
empowered to perform the following notarial (4) any place where a party to an instrument or
acts:chanroblesvirtuallawlibrary document requiring notarization is under detention.
(1) acknowledgments; (b) A person shall not perform a notarial act if the
(2) oaths and affirmations; person involved as signatory to the instrument or
(3) jurats; chan robles virtual law library document -
(4) signature witnessings; (1) is not in the notary's presence personally at the
(5) copy certifications; and time of the notarization; and
(6) any other act authorized by these Rules. (2) is not personally known to the notary public or
(b) A notary public is authorized to certify the affixing otherwise identified by the notary public through
of a signature by thumb or other mark on an competent evidence of identity as defined by these
instrument or document presented for notarization Rules.chan robles virtual law library
if:chanroblesvirtuallawlibrary SEC. 3. Disqualifications. - A notary public is
(1) the thumb or other mark is affixed in the disqualified from performing a notarial act if
presence of the notary public and of two (2) he:chanroblesvirtuallawlibrary
disinterested and unaffected witnesses to the (a) is a party to the instrument or document that is
instrument or document; to be notarized; chan robles virtual law library
(2) both witnesses sign their own names in addition (b) will receive, as a direct or indirect result, any
to the thumb or other mark; commission, fee, advantage, right, title, interest,
(3) the notary public writes below the thumb or other cash, property, or other consideration, except as
mark: "Thumb or Other Mark affixed by (name of provided by these Rules and by law; or
signatory by mark) in the presence of (names and (c) is a spouse, common-law partner, ancestor,
addresses of witnesses) and undersigned notary descendant, or relative by affinity or consanguinity of
public"; and chan robles virtual law library the principal within the fourth civil degree. chan
(4) the notary public notarizes the signature by robles virtual law library
thumb or other mark through an acknowledgment, SEC. 4. Refusal to Notarize. - A notary public shall not
jurat, or signature witnessing. perform any notarial act described in these Rules for
(c) A notary public is authorized to sign on behalf of a any person requesting such an act even if he tenders
person who is physically unable to sign or make a the appropriate fee specified by these Rules
if:chanroblesvirtuallawlibrary robles virtual law library
(a) the notary knows or has good reason to believe A notary public shall post in a conspicuous place in his
that the notarial act or transaction is unlawful or office a complete schedule of chargeable notarial
immoral; fees.cralaw
(b) the signatory shows a demeanor which RULE VI
engenders in the mind of the notary public reasonable NOTARIAL REGISTER
doubt as to the former's knowledge of the SECTION 1. Form of Notarial Register. - (a) A notary
consequences of the transaction requiring a notarial public shall keep, maintain, protect and provide for
act; and lawful inspection as provided in these Rules, a
(c) in the notary's judgment, the signatory is not chronological official notarial register of notarial acts
acting of his or her own free will. consisting of a permanently bound book with
SEC. 5. False or Incomplete Certificate. - A notary numbered pages. chan robles virtual law library
public shall not: chan robles virtual law library The register shall be kept in books to be furnished by
(a) execute a certificate containing information the Solicitor General to any notary public upon
known or believed by the notary to be false. request and upon payment of the cost thereof. The
(b) affix an official signature or seal on a notarial register shall be duly paged, and on the first page,
certificate that is incomplete.chan robles virtual law the Solicitor General shall certify the number of pages
library of which the book consists.cralaw
SEC. 6. Improper Instruments or Documents. - A For purposes of this provision, a Memorandum of
notary public shall not Agreement or Understanding may be entered into by
notarize:chanroblesvirtuallawlibrary the Office of the Solicitor General and the Office of
(a) a blank or incomplete instrument or document; the Court Administrator. chan robles virtual law
or chan robles virtual law library library
(b) an instrument or document without appropriate (b) A notary public shall keep only one active notarial
notarial certification. register at any given time.cralaw
RULE V SEC. 2. Entries in the Notarial Register. - (a) For
FEES OF NOTARY PUBLIC every notarial act, the notary shall record in the
SECTION 1. Imposition and Waiver of Fees. - For notarial register at the time of notarization the
performing a notarial act, a notary public may charge following: chan robles virtual law library
the maximum fee as prescribed by the Supreme (1) the entry number and page number; chan robles
Court unless he waives the fee in whole or in part. virtual law library
chan robles virtual law library (2) the date and time of day of the notarial act;
SEC. 2. Travel Fees and Expenses. - A notary public (3) the type of notarial act; chan robles virtual law
may charge travel fees and expenses separate and library
apart from the notarial fees prescribed in the (4) the title or description of the instrument,
preceding section when traveling to perform a notarial document or proceeding;
act if the notary public and the person requesting the (5) the name and address of each principal; chan
notarial act agree prior to the travel.cralaw robles virtual law library
SEC. 3. Prohibited Fees. – No fee or compensation of (6) the competent evidence of identity as defined by
any kind, except those expressly prescribed and these Rules if the signatory is not
allowed herein, shall be collected or received for any personally known to the notary; chan robles virtual
notarial service.cralaw law library
SEC. 4. Payment or Refund of Fees. - A notary public (7) the name and address of each credible witness
shall not require payment of any fees specified herein swearing to or affirming the person's identity;
prior to the performance of a notarial act unless (8) the fee charged for the notarial act;
otherwise agreed upon. chan robles virtual law library (9) the address where the notarization was performed
Any travel fees and expenses paid to a notary public if not in the notary's regular place of work or
prior to the performance of a notarial act are not business; and
subject to refund if the notary public had already (10) any other circumstance the notary public may
traveled but failed to complete in whole or in part the deem of significance or relevance.
notarial act for reasons beyond his control and (b) A notary public shall record in the notarial register
without negligence on his part.cralaw the reasons and circumstances for not completing a
SEC. 5. Notice of Fees. - A notary public who charges notarial act.
a fee for notarial services shall issue a receipt (c) A notary public shall record in the notarial register
registered with the Bureau of Internal Revenue and the circumstances of any request to inspect or copy
keep a journal of notarial fees. He shall enter in the an entry in the notarial register, including the
journal all fees charged for services rendered. chan requester's name, address, signature, thumbmark or
other recognized identifier, and evidence of identity. notary public or proven through competent evidence
The reasons for refusal to allow inspection or copying of identity as defined in these Rules;
of a journal entry shall also be recorded.cralaw (2) the person affixes a signature and thumb or other
(d) When the instrument or document is a contract, mark or other recognized identifier, in the notarial
the notary public shall keep an original copy thereof register in a separate, dated entry;
as part of his records and enter in said records a brief (3) the person specifies the month, year, type of
description of the substance thereof and shall give to instrument or document, and name of the principal in
each entry a consecutive number, beginning with the notarial act or acts sought; and
number one in each calendar year. He shall also (4) the person is shown only the entry or entries
retain a duplicate original copy for the Clerk of specified by him.
Court.cralaw (b) The notarial register may be examined by a law
(e) The notary public shall give to each instrument or enforcement officer in the course of an official
document executed, sworn to, or acknowledged investigation or by virtue of a court order.
before him a number corresponding to the one in his (c) If the notary public has a reasonable ground to
register, and shall also state on the instrument or believe that a person has a criminal intent or wrongful
document the page/s of his register on which the motive in requesting information from the notarial
same is recorded. No blank line shall be left between register, the notary shall deny access to any entry or
entries.cralaw entries therein.cralaw
(f) In case of a protest of any draft, bill of exchange SEC. 5. Loss, Destruction or Damage of Notarial
or promissory note, the notary public shall make a full Register. - (a) In case the notarial register is stolen,
and true record of all proceedings in relation thereto lost, destroyed, damaged, or otherwise rendered
and shall note therein whether the demand for the unusable or illegible as a record of notarial acts, the
sum of money was made, by whom, when, and notary public shall, within ten (10) days after
where; whether he presented such draft, bill or note; informing the appropriate law enforcement agency in
whether notices were given, to whom and in what the case of theft or vandalism, notify the Executive
manner; where the same was made, when and to Judge by any means providing a proper receipt or
whom and where directed; and of every other fact acknowledgment, including registered mail and also
touching the same.cralaw provide a copy or number of any pertinent police
(g) At the end of each week, the notary public shall report.cralaw
certify in his notarial register the number of (b) Upon revocation or expiration of a notarial
instruments or documents executed, sworn to, commission, or death of the notary public, the
acknowledged, or protested before him; or if none, notarial register and notarial records shall
this certificate shall show this fact.cralaw immediately be delivered to the office of the
(h) A certified copy of each month's entries and a Executive Judge.cralaw
duplicate original copy of any instrument SEC. 6. Issuance of Certified True Copies. - The
acknowledged before the notary public shall, within notary public shall supply a certified true copy of the
the first ten (10) days of the month following, be notarial record, or any part thereof, to any person
forwarded to the Clerk of Court and shall be under the applying for such copy upon payment of the legal
responsibility of such officer. If there is no entry to fees.cralaw
certify for the month, the notary shall forward a RULE VII
statement to this effect in lieu of certified copies SIGNATURE AND SEAL OF NOTARY PUBLIC
herein required.cralaw SECTION 1. Official Signature. – In notarizing a paper
SEC. 3. Signatures and Thumbmarks. - At the time of instrument or document, a notary public
notarization, the notary's notarial register shall be shall:chanroblesvirtuallawlibrary
signed or a thumb or other mark affixed by (a) sign by hand on the notarial certificate only the
each:chanroblesvirtuallawlibrary name indicated and as appearing on the notary's
(a) principal; commission; chan robles virtual law library
(b) credible witness swearing or affirming to the (b) not sign using a facsimile stamp or printing
identity of a principal; and device; and
(c) witness to a signature by thumb or other mark, or (c) affix his official signature only at the time the
to a signing by the notary public on behalf of a person notarial act is performed.
physically unable to sign. SEC. 2. Official Seal. - (a) Every person
SEC. 4. Inspection, Copying and Disposal. - (a) In the commissioned as notary public shall have a seal of
notary's presence, any person may inspect an entry office, to be procured at his own expense, which shall
in the notarial register, during regular business hours, not be possessed or owned by any other person. It
provided; shall be of metal, circular in shape, two inches in
(1) the person's identity is personally known to the diameter, and shall have the name of the city or
province and the word “Philippines” and his own name application fee, the Executive Judge may issue an
on the margin and the roll of attorney's number on authorization to sell to a vendor or manufacturer of
the face thereof, with the words "notary public" notarial seals after verification and investigation of
across the center. A mark, image or impression of the latter's qualifications. The Executive Judge shall
such seal shall be made directly on the paper or charge an authorization fee in the amount of PhP
parchment on which the writing appears. 4,000 for the vendor and PhP 8,000 for the
(b) The official seal shall be affixed only at the time manufacturer. If a manufacturer is also a vendor, he
the notarial act is performed and shall be clearly shall only pay the manufacturer's authorization
impressed by the notary public on every page of the fee.cralaw
instrument or document notarized. chan robles virtual (c) The authorization shall be in effect for a period of
law library four (4) years from the date of its issuance and may
(c) When not in use, the official seal shall be kept be renewed by the Executive Judge for a similar
safe and secure and shall be accessible only to the period upon payment of the authorization fee
notary public or the person duly authorized by mentioned in the preceding paragraph.cralaw
him. chan robles virtual law library (d) A vendor or manufacturer shall not sell a seal to a
(d) Within five (5) days after the official seal of a buyer except upon submission of a certified copy of
notary public is stolen, lost, damaged or other the commission and the Certificate of Authorization to
otherwise rendered unserviceable in affixing a legible Purchase a Notarial Seal issued by the Executive
image, the notary public, after informing the Judge. A notary public obtaining a new seal as a
appropriate law enforcement agency, shall notify the result of change of name shall present to the vendor
Executive Judge in writing, providing proper receipt or or manufacturer a certified copy of the Confirmation
acknowledgment, including registered mail, and in the of the Change of Name issued by the Executive
event of a crime committed, provide a copy or entry Judge.cralaw
number of the appropriate police record. Upon receipt (e) Only one seal may be sold by a vendor or
of such notice, if found in order by the Executive manufacturer for each Certificate of Authorization to
Judge, the latter shall order the notary public to cause Purchase a Notarial Seal.cralaw
notice of such loss or damage to be published, once a (f) After the sale, the vendor or manufacturer shall
week for three (3) consecutive weeks, in a newspaper affix a mark, image or impression of the seal to the
of general circulation in the city or province where the Certificate of Authorization to Purchase a Notarial
notary public is commissioned. Thereafter, the Seal and submit the completed Certificate to the
Executive Judge shall issue to the notary public a new Executive Judge. Copies of the Certificate of
Certificate of Authorization to Purchase a Notarial Authorization to Purchase a Notarial Seal and the
Seal.cralaw buyer's commission shall be kept in the files of the
(e) Within five (5) days after the death or resignation vendor or manufacturer for four (4) years after the
of the notary public, or the revocation or expiration of sale.cralaw
a notarial commission, the official seal shall be (g) A notary public obtaining a new seal as a result of
surrendered to the Executive Judge and shall be change of name shall present to the vendor a certified
destroyed or defaced in public during office hours. In copy of the order confirming the change of name
the event that the missing, lost or damaged seal is issued by the Executive Judge.cralaw
later found or surrendered, it shall be delivered by the RULE VIII
notary public to the Executive Judge to be disposed of NOTARIAL CERTIFICATES
in accordance with this section. Failure to effect such SECTION 1. Form of Notarial Certificate. - The
surrender shall constitute contempt of court. In the notarial form used for any notarial instrument or
event of death of the notary public, the person in document shall conform to all the requisites
possession of the official seal shall have the duty to prescribed herein, the Rules of Court and all other
surrender it to the Executive Judge.cralaw provisions of issuances by the Supreme Court and in
SEC. 3. Seal Image. - The notary public shall affix a applicable laws. chan robles virtual law library
single, clear, legible, permanent, and SEC. 2. Contents of the Concluding Part of the
photographically reproducible mark, image or Notarial Certificate. – The notarial certificate shall
impression of the official seal beside his signature on include the following:chanroblesvirtuallawlibrary
the notarial certificate of a paper instrument or (a) the name of the notary public as exactly indicated
document.cralaw in the commission;
SEC. 4. Obtaining and Providing Seal. - (a) A vendor (b) the serial number of the commission of the notary
or manufacturer of notarial seals may not sell said public;
product without a written authorization from the (c) the words "Notary Public" and the province or city
Executive Judge.cralaw where the notary public is commissioned, the
(b) Upon written application and after payment of the expiration date of the commission, the office address
of the notary public; and SEC. 2. Resignation. - A notary public may resign his
(d) the roll of attorney's number, the professional tax commission by personally submitting a written, dated
receipt number and the place and date of issuance and signed formal notice to the Executive Judge
thereof, and the IBP membership number. together with his notarial seal, notarial register and
RULE IX records. Effective from the date indicated in the
CERTIFICATE OF AUTHORITY OF NOTARIES notice, he shall immediately cease to perform notarial
PUBLIC acts. In the event of his incapacity to personally
SECTION 1. Certificate of Authority for a Notarial Act. appear, the submission of the notice may be
- A certificate of authority evidencing the authenticity performed by his duly authorized
of the official seal and signature of a notary public representative.cralaw
shall be issued by the Executive Judge upon request SEC. 3. Publication of Resignation. - The Executive
in substantially the following form: chan robles virtual Judge shall immediately order the Clerk of Court to
law library post in a conspicuous place in the offices of the
CERTIFICATE OF AUTHORITY FOR A NOTARIAL Executive Judge and of the Clerk of Court the names
ACT of notaries public who have resigned their notarial
I, (name, title, jurisdiction of the Executive commissions and the effective dates of their
Judge), certify that (name of notary public), the resignation.cralaw
person named in the seal and signature on the RULE XI
attached document, is a Notary Public in and for REVOCATION OF COMMISSION AND
the (City/Municipality/Province) of the Republic DISCIPLINARY SANCTIONS
of the Philippines and authorized to act as such SECTION 1. Revocation and Administrative Sanctions.
at the time of the document's - (a) The Executive Judge shall revoke a notarial
notarization.chanrobles virtual law librarychan commission for any ground on which an application
robles virtual law library for a commission may be denied. chan robles virtual
IN WITNESS WHEREOF, I have affixed below my law library
signature and seal of this office this (date) day (b) In addition, the Executive Judge may revoke the
of (month) (year).chanrobles virtual law commission of, or impose appropriate administrative
library chan robles virtual law library sanctions upon, any notary public
_________________ who:chanroblesvirtuallawlibrary
(official signature) (1) fails to keep a notarial register;
(seal of Executive Judge) (2) fails to make the proper entry or entries in his
RULE X notarial register concerning his notarial acts;
CHANGES OF STATUS OF NOTARY PUBLIC (3) fails to send the copy of the entries to the
SECTION 1. Change of Name and Address. - Executive Judge within the first ten (10) days of the
Within ten (10) days after the change of name of the month following;
notary public by court order or by marriage, or after (4) fails to affix to acknowledgments the date of
ceasing to maintain the regular place of work or expiration of his commission;
business, the notary public shall submit a signed and (5) fails to submit his notarial register, when filled, to
dated notice of such fact to the Executive Judge. the Executive Judge;
(6) fails to make his report, within a reasonable time,
The notary public shall not notarize to the Executive Judge concerning the performance of
until:chanroblesvirtuallawlibrary his duties, as may be required by the judge;
(a) he receives from the Executive Judge a (7) fails to require the presence of a principal at the
confirmation of the new name of the notary public time of the notarial act;
and/or change of regular place of work or business; (8) fails to identify a principal on the basis of personal
and knowledge or competent evidence;
(9) executes a false or incomplete certificate under
(b) a new seal bearing the new name has been Section 5, Rule IV;
obtained. (10) knowingly performs or fails to perform any
The foregoing notwithstanding, until the other act prohibited or mandated by these Rules;
aforementioned steps have been completed, the and
notary public may continue to use the former name or (11) commits any other dereliction or act which in
regular place of work or business in performing the judgment of the Executive Judge constitutes good
notarial acts for three (3) months from the date of cause for revocation of commission or imposition of
the change, which may be extended once for valid administrative sanction.
and just cause by the Executive Judge for another (c) Upon verified complaint by an interested, affected
period not exceeding three (3) months. or aggrieved person, the notary public shall be
required to file a verified answer to the complaint. If modified. chan robles virtual law library
the answer of the notary public is not satisfactory, the SEC. 2. Effective Date. - These Rules shall take effect
Executive Judge shall conduct a summary hearing. If on the first day of August 2004, and shall be
the allegations of the complaint are not proven, the published in a newspaper of general circulation in the
complaint shall be dismissed. If the charges are duly Philippines which provides sufficiently wide
established, the Executive Judge shall impose the circulation.
appropriate administrative sanctions. In either case, Promulgated this 6th day of July, 2004. chan robles
the aggrieved party may appeal the decision to the virtual law library
Supreme Court for review. Pending the appeal, an Davide, Jr. C.J., Puno, Vitug, Panganiban,
order imposing disciplinary sanctions shall be Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez,
immediately executory, unless otherwise ordered by Carpio, Austria-Martinez, Corona, Carpio-Morales,
the Supreme Court. Callejo, Sr., Azcuna and Tinga, JJ.cralaw
(d) The Executive Judge may motu proprio initiate
administrative proceedings against a notary public,
subject to the procedures prescribed in paragraph (c)
above and impose the appropriate administrative
sanctions on the grounds mentioned in the preceding
paragraphs (a) and (b).cralaw
SEC. 2. Supervision and Monitoring of Notaries Public.
- The Executive Judge shall at all times exercise
supervision over notaries public and shall closely
monitor their activities. chan robles virtual law library
SEC. 3. Publication of Revocations and Administrative
Sanctions. - The Executive Judge shall immediately
order the Clerk of Court to post in a conspicuous
place in the offices of the Executive Judge and of the
Clerk of Court the names of notaries public who have
been administratively sanctioned or whose notarial
commissions have been revoked.cralaw
SEC. 4. Death of Notary Public. - If a notary public
dies before fulfilling the obligations in Section 4(e),
Rule VI and Section 2(e), Rule VII, the Executive
Judge, upon being notified of such death, shall
forthwith cause compliance with the provisions of
these sections. chan robles virtual law library
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge
shall cause the prosecution of any person
who:chanroblesvirtuallawlibrary
(a) knowingly acts or otherwise impersonates a
notary public; chan robles virtual law library
(b) knowingly obtains, conceals, defaces, or destroys
the seal, notarial register, or official records of a
notary public; and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
SEC 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit semestral
reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court inconsistent
herewith, are hereby repealed or accordingly